Ms Deborah Tew v Viemist Pty Ltd T/A Headon Financial Planning

Ms Deborah Tew initiated proceedings against Viemist Pty Ltd T/A Headon Financial Planning, seeking relief for an alleged unfair dismissal. The dispute centred around the employer's termination of Ms Tew's employment, and whether the dismissal was justified under the applicable laws. The case was heard and determined in the Fair Work Commission.

The primary legal issue before the court was whether the employer's reason for dismissal was valid under the Fair Work Act. Specifically, the court needed to determine if the employer had a valid reason for terminating Ms Tew's employment and if the dismissal was harsh, unjust, or unreasonable. The court also had to consider whether the Small Business Code provided any additional guidance on the validity of the dismissal reason.

In its decision, the Fair Work Commission held that the employer's reason for dismissal was not valid under section 387(a) of the Fair Work Act, which pertains to dismissals for genuine redundancy. The court found that the Small Business Code did not offer any assistance in relation to redundancy, and thus, it was irrelevant to the determination of whether the dismissal was valid. The Commission emphasised the differences between the Small Business Code and section 387, highlighting that the checklist provided by the Small Business Code did not equate to a valid reason for dismissal under section 387(a). Consequently, the dismissal was deemed unfair because it was not based on a valid reason as required by the Fair Work Act.

The Fair Work Commission ruled in favour of Ms Tew, finding that the employer had not provided a valid reason for her dismissal. The Commission ordered the employer to reinstate Ms Tew to her former position and to pay her lost wages and entitlements. The decision underscored the importance of employers adhering to the statutory requirements when dismissing employees and the limitations of the Small Business Code in determining the validity of a dismissal reason.